In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how Washington courts evaluate the reasonableness of a noncompete agreement to determine its enforceability [here]. A recently proposed rule by the Federal Trade Commission would upend this Washington law.[1] Under ...

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how ...

A significant statutory update regarding the resolution of employment-related claims, disputes and lawsuits, RCW 49.44.211, went into effect on June 9,  2022.  The new law amends the 2018 law prohibiting employment agreements from including non-disclosure provisions related to details or allegations of sexual harassment and assault. The amended statute now applies to settlement agreements and independent contractor agreements, in ...

A significant statutory update regarding the resolution of employment-related claims, disputes and lawsuits, RCW 49.44.211, went into effect on June 9,  2022.  The new law amends the 2018 law prohibiting ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by four of the minor league baseball clubs which lost their MLB affiliation in the recent shakeup of the minor leagues' organization.  See the complaint here.  Antitrust expertise has long ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft of amateur players, usually either high school seniors or college juniors, from 40 rounds to 5.  See https://www.cbssports.com/mlb/news/mlb-agrees-to-reduce-2020-draft-to-five-rounds-with-unlimited-undrafted-signings-for-20k-reports-say/. Eliminating part or all of Baseball’s amateur draft is one thing, ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft ...

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete agreements under new legislation that Governor Inslee signed into law on May 8, 2019. In the second, we discussed how Washington courts evaluate the reasonableness of a noncompete agreement ...

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the ...

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers and vendors, or proprietary business information.  So what happens when employees move on, taking that training and knowledge with them?  Ex-employees sometimes are uniquely positioned to open up a ...

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers ...

Will banning certain non-compete agreements protect employees and foster competition?  Washington state legislators and Governor Inslee think so. Non-compete agreements raise policy issues regarding the balancing of legitimate business interests with a worker’s right to freely seek employment—a right that some argue is increasingly important in the growing gig economy.  Like many states, Washington courts have stricken that balance ...

Will banning certain non-compete agreements protect employees and foster competition?  Washington state legislators and Governor Inslee think so. Non-compete agreements raise policy issues regarding the balancing of legitimate business interests ...